The following are the purchasing rules for the town.
(A) Protection of offers; status of documents as public records.
(1) Protection of offers prior to opening. The purchasing agent shall retain all offers received in a secure location prior to the date and time at which offers will be opened in order to prevent disclosure of the contents prior to the opening of the offers.
(2) Unobstructed evaluation of offers. After offers have been opened, the purchasing agent shall be responsible for maintaining the offers in such a manner as to permit evaluation of the offers by the persons responsible for evaluating the offers.
(3) Public records status for bids. Bids submitted in response to an invitation for bids must be made available for public inspection and copying after the time of the bid opening.
(B) Evidence of financial responsibility.
(1) Purchases less than $25,000. The purchasing agent may choose to not require evidence of financial responsibility when the estimated cost of a purchase is less than $25,000.
(2) Purchases over $25,000. The solicitation shall include a requirement that an offeror provide evidence of financial responsibility and must indicate the kind of evidence that will be acceptable. If a bond or certified check is required, it may not exceed 10% of the estimated cost of the purchase.
(3) Small business set-asides. The purchasing agent may determine that no evidence of financial responsibility shall be required for a small business set-aside purchase.
(C) Use of “request for proposals” for purchases of designated types of supplies.
(1) The town determines that:
(a) It is either not practicable or not advantageous to purchase certain types of supplies by sealed competitive bidding; and
(b) Receiving proposals is the preferred method for purchasing the following types of supplies:
(2) And any other types of supplies designated in writing by the purchasing agency. A request for proposals must include:
(a) The factors or criteria that will be used to evaluate the proposals;
(b) A statement concerning the relative importance of price and the other evaluation factors;
(c) A statement concerning whether the proposal must be accompanied by a certified check or other evidence of financial responsibility, which may be imposed in accordance with rules adopted by the purchasing agency; and
(d) A statement concerning whether discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award.
(3) Notice of a request for proposals must be given in accordance with I.C. 5-3-1, two times, at least one week apart, with the second publication occurring at least ten days prior to the date the proposals will be received.
(4) Proposals must be opened so as to avoid disclosure of contents to competing offerors during the process of negotiations.
(5) A register of proposals must be prepared and open for public inspection after a contract award. The register must include:
(a) A copy of the request for proposals;
(b) A list of all persons to whom copies of the request for proposals were given;
(c) A list of all proposals received, including the following information:
1. The names and addresses of all offerors;
2. The dollar amount of each offer; and
3. The name of the successful offeror and the dollar amount of that offeror’s offer.
(d) The basis on which the award was made; and
(e) The entire contents of the contract file except the proprietary information included with an offer, such as trade secrets, manufacturing processes and financial information that was not required to be made available for public inspection under the terms of the request for proposals.
(6) As provided in the request for proposals, or under the rules or policies of the purchasing agency, discussions may be conducted with, and best and final offers obtained from, responsible offerors who submit proposals determined to be reasonably susceptible of being selected for an award.
(D) Contract award.
(1) A contract shall be awarded to the responsible offeror whose proposal is determined in writing to be the most advantageous to the governmental body, taking into consideration price and the other evaluation factors set forth in the request for proposals.
(a) If provided for in the request for proposals, contracts may be awarded to more than one offeror whose proposals are determined in writing to be the most advantageous to the governmental body, taking into consideration price and the other evaluation factors.
(b) The only factors or criteria that may be used in the evaluation of proposals are those specified in the request for proposals.
(2) Offerors must be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals.
(3) In conducting discussions with an offeror, information derived from proposals submitted by competing offerors may not be disclosed.
(E) Modification and termination of contracts.
(1) Price adjustments. The purchasing agency may include provisions to permit price adjustments in a purchase contract. The following provisions for price adjustments may be included:
(a) Price adjustments must be computed by agreement on a fixed price adjustment before the beginning of the pertinent performance or as soon after the beginning of performance as possible;
(b) Price adjustments must be computed by unit prices specified in the contract or subsequently agreed upon;
(c) Price adjustments must be computed by costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon;
(d) Price adjustments must be computed in such other manner as the contracting parties may mutually agree upon; or
(e) In the absence of agreement by the parties, price adjustments must be computed by a unilateral determination by the purchasing agency body of the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as computed by the purchasing agency in accordance with applicable rules adopted by the purchasing agency.
(2) Adjustments in time performance. The purchasing agency may include provisions in a purchase contract concerning adjustments for time of performance under the contract.
(3) Unilateral rights of town. The purchasing agent may include in a purchase contract provisions dealing with the unilateral rights of the town to order changes in the work within the scope of the contract or to order temporary work stoppage or delays in time of performance.
(4) Quantity variations. The purchasing agency may include in a purchase contract provisions dealing with variations between the estimated quantities of work in a contract and the actual quantity delivered.
(F) Purchases from the department of correction.
(1) The purchasing agency or a purchasing agent shall purchase supplies and services produced or manufactured by the Department of Correction as listed in the department’s printed catalog, unless the supplies and services cannot be furnished in a timely manner.
(2) Supplies and services purchased from the Department of Correction must meet the specifications and needs of the purchasing governmental body, and be purchased at a fair market price.
(3) If these requirements are not met, the governmental body is not required to purchase supplies from the Department of Correction.
(G) Purchase of rehabilitation center products.
(1) The purchasing agency or a purchasing agent shall purchase articles produced by the state rehabilitation center for the blind and visually impaired under the same conditions as articles produced by the Department of Correction under I.C. 5-22-11, unless similar articles are produced by the town.
(2) Whenever an article listed in the catalog, provided by the Department of Correction is needed, the purchasing agency or purchasing agent:
(a) Shall give the bureau a reasonable time to produce or supply the article;
(b) Except for an article produced by the Department of Correction, may not elsewhere:
1. Contract for;
2. Purchase; or
3. Pay a bill for.
(c) An article described in the catalog unless the article cannot be furnished by the bureau.
(3) The purchasing agency or purchasing agent may contract elsewhere for the purchase of an article described in the catalog if the bureau provides a written statement that the bureau cannot furnish the article.
(4) Supplies purchased from the bureau must: meet the specifications and needs of the purchasing agency or agent; and be purchased at a fair market price.
(5) If these requirements are not met, the purchasing agency or agent is not required to purchase supplies from the bureau.
(H) Purchase of services. The town purchasing agency may purchase services in whatever manner determined to be reasonable.
(I) Small purchases.
(1) The town purchasing agency may purchase supplies with a cost of less than $25,000 on the open market without inviting or receiving quotes.
(2) A purchasing agent may purchase supplies with a cost of less than $5,000 on the open market without inviting or receiving quotes.
(3) Purchases between $25,000 and $75,000:
(a) The purchasing agency may purchase supplies by inviting quotes from at least three persons known to deal in the lines or classes of supplies to be purchased.
(b) The purchasing agency or a purchasing agent at the direction of the purchasing agency shall mail an invitation to quote at least seven days before the time fixed for receiving quotes.
(c) If the purchasing agency receives a satisfactory quote, the purchasing agency shall award a contract to the lowest responsible and responsive bidder for each line or class of supplies quoted.
(d) The purchasing agency may reject all quotes.
(e) If the purchasing agency does not receive a quote from a responsible and responsive offeror, the purchasing agency may purchase the supplies using methods for special purchases under I.C. 5-22-10-10.
(Ord. 1998-637, passed 7-7-1998)